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  • Dolphy v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John M. Gorrie, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1347

    Given the c as a whole, the trial court did not plainly err in substituting such for some when reading the voluntary manslaughter jury c

  • Ward v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bruce S. Harvey, K. Julie Hojnacki and Jennifer S. Hanson, Atlanta, for Ward. Darice M. Good Good & Lee LLC, Atlanta, for Kilgore. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1841; S11A0033

    The court denied the defendants their constitutional right to be present at all critical proceedings when it dismissed a juror outside of their presence at

  • Hilton v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1235

    The over 30-year delay between the commission of the crimes and the defendant's indictment did not violate defendant's due process rights because the state did not seek the defendant's indictment in

  • Favors v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Peter K. Odom The Odom Law Firm and Samuel F. Little Jr. Little & Crumly LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0853

    The defendant waived any error with regard to the denial of his motion for a mistrial, since he failed to renew his objection following the trial court's curative instruction in response to the intr

  • Boatright v. Old Dominion Ins. Co.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ashleigh R. Madison Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Stephen J. Caswell Lane, O'Brien & Caswell PC, Atlanta, for appellee. Other party representation: Daniel C. Hoffman Young Thagard Hoffman Scott & Smith, Valdosta, Brenda K. Katz Drew Eckl & Farnham, Brunswick, and Steve Johnson Johnson's Kan Do Constr. Inc., Alma.
    Case Number: A10A0532

    Summary judgment to the liability insurer, on its suit for declaratory relief, was proper, because the undisputed evidence showed that the plaintiff was a company employee, and not an independent co

  • National Serv. Indus. v. Here to Serve Restaurants Inc.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cary Ichter, Atlanta, for appellant.
    for defendant: Louis R. Cohan and Shalanda M. Miller Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A10A0928

    A liquidated damages provision in a linen services contract constituted an unenforceable penalty, since the damages sought lacked a reasonable relation to the probable damages that would arise from

  • Weston v. Dun Transp. & Stringer Inc.

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert P. Killian Killian & Boyd PC, CityplaceBrunswickfor appellants. Michael J. Goldman, Alan F. Herman Hawkins & Parnell LLP, Atlanta, Brenda K. Katz Drew Eckl & Farnham, Brunswick, and Thomas G. Whatley Jr. Howard & Whatley PC, Savannah, for appellees.
    for defendant:
    Case Number: A10A0861

    The appellees fied evidence supporting the affirmative defense of avoidable consequences in a husband's suit to recover for his wife's death in an automobile acc

  • In the Interest of JLK

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Melinda M. Katz, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A09A2308

    The evidence was insufficient to adjudicate defendant delinquent on the charge of simple assault, because the only evidence presented was he

  • Reid v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1684

    The trial court did not reversibly err in giving a jury charge on witnesses, which stated that witnesses are presumed to speak the truth, because such a charge does not constitute reversible error

  • Arnold v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Derek M. Wright The Wright Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1382

    The defendant failed to meet the requirements for admitting the murder victim's 1979 robbery convi